Excel Realty & Mortgage (DBA InstaFi Home Loans) Terms of Use
Effective Date: January 1, 2025
Welcome to Excel Realty & Mortgage! These Terms of Use govern your access to and use of our website (the “Site”) and the services provided through it (the “Service”). By accessing or using the Site or Service, you agree to be bound by these Terms of Use. Please read them carefully. If you do not agree with these Terms of Use, you must immediately leave the Site and discontinue all use of the Service.
Binding Agreement: This is a legally binding agreement between you and Excel Realty & Mortgage (“Company,” “we,” “us,” or “our”). We may update these Terms of Use from time to time, so please check back periodically for changes. We will post a notice on the Site whenever the Terms of Use are updated. Your continued use of the Site or Service following such notice constitutes your acceptance of the revised Terms of Use. You represent that you are at least 18 years old and legally capable of entering into this agreement.
Privacy Policy: Your privacy is important to us. Our Privacy Policy, available – Here – This link to privacy policy, explains how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms of Use. If you are required to create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your password and account credentials. You must notify us immediately of any unauthorized use of your account. We are not liable for any losses you incur as a result of unauthorized access to your account.
Software Use: We may make software available for download on the Site. This software is licensed to you for personal, non-commercial use only. We retain all ownership and intellectual property rights in the software. You may not sell, redistribute, reverse engineer, or decompile the software. All trademarks and logos on the Site are owned by us or our licensors.
User Content: You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use any content you post or upload to the Site or Service (“User Content”). This license allows us to copy, distribute, transmit, display, perform, reproduce, edit, translate, and reformat your User Content in connection with our business operations. You represent that you have all necessary rights to grant us this license. You will not be compensated for any User Content.
Website Content: The information on this Site is for general informational purposes only and does not constitute a binding offer for any specific product or service. Your eligibility for any product or service is subject to our final determination, restrictions, and acceptance. We may change or discontinue any information, products, or services described on this Site at any time without notice. We do not guarantee the accuracy, completeness, or timeliness of the information on this Site. The Site may contain links to third-party websites, which we do not control. We are not responsible for the content of these websites and provide these links for your convenience only.
Intellectual Property: All content on this Site, including text, graphics, logos, images, software, and code, is our property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use any content from this Site without our prior written consent. You agree not to upload or distribute any content that infringes on the intellectual property rights of others.
Prohibited Content: You agree not to post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. We reserve the right to remove any such content and terminate your access to the Site and Service.
Copyright Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted work has been infringed on the Site, please provide us with the following information:
- A physical or electronic signature of the copyright owner or authorized representative.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material and information sufficient to locate it.
- Your contact information.
- A statement that you have a good faith belief that the use is not authorized.
- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Please send this information to our designated agent:
Shawnacy Nauroth, President & CEO
Excel Realty & Mortgage
7031 Koll Center Parkway Suite 190 Pleasanton, CA 94566
1-833-33-EXCEL
HelloExcel@TeamERM.com
Account Termination: We may terminate your access to the Site or Service at any time, with or without cause, and with or without notice. We may investigate suspected violations of these Terms of Use and cooperate with law enforcement authorities.
Website Availability: We strive to keep the Site available, but we do not guarantee uninterrupted access. We are not liable for any losses or damages you may incur due to website unavailability.
International Use: The Site is intended for use in states where we are authorized to offer mortgage loan products and services. You are responsible for complying with all local laws.
Security: We take reasonable measures to protect the security of your information, but we cannot guarantee its absolute security. You are responsible for protecting your own devices and internet connection.
SMS Terms & Conditions: By providing your phone number, you consent to receive SMS messages from us related to your account or loan transaction. Message frequency varies. Message and data rates may apply. Text HELP for help. Text STOP to unsubscribe. Carriers are not liable for delayed or undelivered messages. You can also unsubscribe by calling us at 1-833-33-EXCEL.
Prohibited Uses: You agree not to:
- Access or attempt to access any unauthorized areas of the Site or Service.
- Interfere with the Site or Service or any related systems or networks.
- Use the Site or Service for any illegal or unauthorized purpose.
- Impersonate any person or entity.
- Violate any applicable laws or regulations.
Your Information: By submitting information to us, you grant us permission to use it to provide services to you and for the purposes described in our Privacy Policy.
Do Not Sell My Personal Information (California Residents): California residents have the right to opt-out of the “sale” of their personal information. While we don’t traditionally sell your information, we do share it with third parties, including affiliates, which may be considered a “sale” under California law. To submit an opt-out request, please [fill out the form here](insert link to form).
Consent to Verifications: You consent to us contacting third parties to verify your information as necessary to provide our services.
Affiliated Sites: We are not responsible for the content of any third-party websites linked to the Site.
Linking: You may not create links to the Site without our prior written consent.
No Warranties: We provide the Site and Service “as is” and without any warranties of any kind, express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limited Liability: We are not liable for any damages, including direct, indirect, incidental, consequential, or special damages, arising out of or in connection with your use of the Site or Service. Our liability is limited to the greatest extent permitted by law.
Indemnity: You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising out of your use of the Site or Service, your violation of these Terms of Use, or your infringement of any intellectual property or other right.
Other Terms:
- Equal Opportunity Employer: We are an equal opportunity employer.
- Governing Law: These Terms of Use are governed by the laws of the State of California.
- Severability: If any provision of these Terms of Use is held to be invalid, the remaining provisions will remain in full force and effect.
- No License: These Terms of Use do not grant you any license to use our trademarks or logos.
- Modifications: We may modify these Terms of Use at any time without notice.
- Acknowledgement: By using the Site or Service, you acknowledge that you have read these Terms of Use and agree to be bound by them.
Contact Us: If you have any questions about these Terms of Use, please contact us at:
Excel Realty & Mortgage 7031 Koll Center Parkway Suite 190 Pleasanton, CA 94566 1-833-33-EXCEL HelloExcel@TeamERM.com
Last Updated: January 2025
