Effective Date: August 19, 2017
Equal Housing Lender. Cal Mutual Inc. is a California corporation operating with the following licenses: DRE#01946651, NMLS# 1160889; Calmutualmortgage.com, dba; Cal Mutual.
This is not an offer for extension of credit or a commitment to lend. Loans are currently being closed and committed at the expressed rates, however these rates may change or may not be available at the time of your interest rate lock-in, commitment or closing. All loans must satisfy company underwriting guidelines. Interest rates and APRs are: based on recent market rates; for informational purposes only; subject to change without notice; may be subject to pricing add-ons related to property type, loan amount, loan-to-value ratio, credit score and other factors. All loans must be approved by company underwriting guidelines. Recent market rates dictate interest rates and APRs. These rates can change without notice.
All website content is provided "as is" without warranty of any kind. Information, pricing and rates are subject to change at any time without notice. This is not an offer to enter into a rate lock agreement under any applicable law. Not all loans types are eligible for our Client Appreciation Refund.
1. YOUR ACCEPTANCE
Please read these Terms of Use (the “Terms”) carefully because this document is legally binding on you even if you are just browsing Calmutualmortgage.com (the “Site”) without intent to register or contact other users or us. The Site is owned and operated by CAL MUTUAL INC., a California corporation. The term "us," "we" or "our" refers to the owner and operator of this Site. Our Privacy Policy on our sites also governs your use of the Site. If you do not want to accept and agree to these Terms or the Privacy Policy, you must exit the Site. Note that we may revise these Terms every once in a while whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. So, please check this page periodically to take notice of any changes we made. If you do not agree with any changes, you must exit the Site.
2. VENUE
a) Neutral Venue. Calmutualmortgage.com is a real estate search website. The Site is a neutral venue. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO LISTINGS, INTERACTIONS AND TRANSACTIONS OF THE SITE USERS. All Site content remains the sole responsibility of its provider; we are not liable for any content available on or through our Site.
b) Third Party Sites. The Site may contain links to third party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party website. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms and conditions of use, and you must comply with any terms and conditions provided by any third party network.
c) Equal Housing Opportunity. We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, national origin, familial status, or people with disabilities. All staff members shall adhere to our policy which is to: Obey all applicable federal, state and local fair housing laws; refrain from discrimination regarding any application for housing on the basis of race, color, religion, sex, age, marital or familial status, national origin, physical or mental handicap (must possess capacity to enter into legal contract), creed, marital status, public assistance status and sexual orientation; and affirmatively promote fair housing.
3. INTELLECTUAL PROPERTY
a) Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b) License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
c) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to
4. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
a) You are 18 years of age or older.
b) You will provide valid payment method information when necessary and pay all sums due when due.
c) You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
d) Our Site may contain typographical errors or other inaccuracies.
e) Submission of misleading listings, reviews, comments, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
f) You will only submit true, complete and not misleading information to the Site. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
g) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share Site content via built-in social sharing buttons.
h) You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
i) You will only use the Site for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
j) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
k) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
l) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party's rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Site Provider, (iii) suspend or terminate any account on our Site (iv) moderate any content submitted to us, (v) take any other action provided for in these Terms of Use or available under equity or law.
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) USE OF THIS SITE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS PLATFORM AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
b) WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
8. GOVERNING LAW & ARBITRATION
These Terms and any action related thereto will be governed by the laws of California, without regard to its conflict of laws provisions that would result in application of any other law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in San Diego, CA. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
9. GENERAL
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
d) Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
e) No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
f) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
10. CONTACT US
Please submit your inquiries to
Client Appreciation Refund
We offer a special 1% refund for clients that use Kizzow and Cal Mutual for BOTH real estate and mortgage to buy a home.
a. Must use Cal Mutual and Kizzow for both real estate and mortgage services, and close the transaction.
b. Refund is based on 1% of the loan amount ( ex: $500,000 purchase price with 20% down = $400,000 loan amount x 1% refund =$4,000 refund). Refund is applied to the closing costs of buyers/borrowers. Estimated refund amount is not guaranteed and the actual refund amount may vary according to market conditions and other factors.
c. Not all loans are eligible for the refund.
d. Commission limits and refund limits do apply. Real estate commission on the home in escrow/contract must be 2% min or other limits apply.
e. Refund is paid from Real Estate commission on FHA, Jumbo or any other portfolio NON- Cal Mutual Funded loans.
f. Refund is paid from both Real Estate and Mortgage commission Cal Mutual Funded loans, including most conventional, High Balance Conventional, VA and USDA loans.
g. Refund is applied towards buyer’s closings costs at close of escrow.
h. All licensed agents are licensed under the California BRE under Cal Mutual Inc.
i. All licensed loan officers are licensed under the California BRE under Cal Mutual Inc.
For clients who do not want to use our Mortgage services or to change mortgage providers before close of escrow/contract:
a. 0.5% refund of client’s mortgage amount.
b. and all above terms.
For client who do not want to use our Real Estate services or to change agents before close of escrow/contract:
a. No refund applies on FHA, Jumbo or any other portfolio NON- Cal Mutual Funded loans.
b. 0.5% refund of loan amount on all Cal Mutual Funded loans, including most conventional, High Balance Conventional, VA and USDA loans.
c. and all above terms.