Terms of Service
The rules and guidelines that govern your use of Huklberry Loans and our mortgage services.
Welcome to Huklberry Loans. These Terms of Service ("Terms") govern your use of the website located at www.huklberryloans.com and its subdomains (the "Website"). Huklberry Loans is operated by Golden Empire Mortgage, Inc. ("GEM," "we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Website.
1Acceptance of Terms
By accessing or using this Website, you accept and agree to these Terms and any additional policies referenced herein, including our Privacy Policy. Your continued use of the Website following any changes to these Terms signifies your acceptance of the updated Terms.
If you do not agree to all of the terms, please immediately discontinue accessing this Website.
2Eligibility
This Website is intended for use by individuals who are at least 18 years old and reside in the United States or its territories. By using the Website, you represent and warrant that you meet these eligibility requirements.
3Description of Services
Huklberry Loans is a mortgage lead generation website operated by Golden Empire Mortgage, Inc., NMLS #2427. The Website facilitates the connection between consumers seeking mortgage-related services and licensed loan officers at GEM.
The Website provides access to mortgage information, educational resources, calculators, and lead capture forms. The Website does not itself provide specific financial, real estate, or legal advice. Reliance on any information provided through the Website is at your own risk.
Eligibility for products and services is subject to final determination, restrictions, and acceptance by GEM. We may discontinue or change information, products, or services at any time without obligation to update previously published information.
4Not an Offer to Lend
This Website is for informational purposes only. Nothing on this Website constitutes an offer to lend, a commitment to lend, or a guarantee of any kind.
All loans are subject to credit approval, verification of income and assets, and property appraisal. Programs, rates, terms, and conditions are subject to change without notice. This Website does not constitute a solicitation to lend in any jurisdiction where such solicitation is prohibited by law.
5Changes to Terms
We may revise and update these Terms from time to time in our sole discretion, including establishing, increasing, or decreasing fees and charges for products and services and changing the features and functionality of the Website. Any changes are effective immediately upon posting. We will notify you electronically of any material changes as required by applicable law. Your continued use of the Website after the effective date of any change shall constitute your agreement to be bound by the updated Terms.
6Account Registration and Security
To access certain features of the Website, you may be required to create an account. By registering, you agree to provide accurate and current information and to update it as necessary.
You are responsible for maintaining the confidentiality of your account and any associated credentials. Notify us immediately of any unauthorized access or suspected security breach at (408) 838-9060. We are not liable for any loss or damage resulting from unauthorized access to your account.
7Consent to Contact and Communications
7.1 General Consent
By submitting your information through our lead capture forms, you consent to be contacted by Huklberry Loans and Golden Empire Mortgage, Inc., its assigns, successors, or servicing agents regarding your mortgage inquiry. Communications may be sent via telephone, email, text message (SMS/MMS), or other electronic means to any phone number or email address you provide.
7.2 Telephone Consumer Protection Act (TCPA) Consent
By voluntarily providing your telephone number, you expressly consent to receive automated and/or prerecorded calls and text messages at that number from Huklberry Loans and Golden Empire Mortgage, Inc.. All calls and text messages may be sent using an automatic telephone dialing system or prerecorded/artificial voice technology.
Consent to receive calls and text messages is not a condition of purchasing any goods or services.
7.3 SMS/Text Message Terms
Providing your telephone contact information to us means you have consented in writing to receive SMS communications (text messages) from us. When consenting to messaging notifications, you authorize Golden Empire Mortgage, Inc., its assigns, successors, or servicing agents to send SMS Notifications to any phone number provided in connection with your inquiry, application, or loan.
"SMS Notifications" means any SMS or MMS communications from us to you pertaining to your inquiry or loan transaction, including but not limited to: application processing status, account information, loan information, information requests, document requests, appointment reminders, program updates, and marketing communications you have opted into.
SMS Quick Reference
- Frequency
- Varies by account status, settings, and inquiry stage.
- Rates
- Message and data rates may apply per your carrier's pricing plan.
- Opt-Out
- Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message, or call (408) 838-9060.
- Help
- Reply HELP to any message or call (408) 838-9060.
- Requirements
- SMS-capable phone, active account, sufficient storage.
- Service Fee
- None from us. Your carrier's standard rates apply.
All SMS Notifications in electronic format from us to you will be considered "in writing." We may modify or terminate our text messaging services from time to time, for any reason, without notice and without liability to you.
7.4 AI-Assisted Communications
In some of our communications, including online chat, outbound calls, and inbound calls, we may use artificial intelligence to provide information and respond to your questions. This means you may be speaking with an AI-generated voice while on the phone, or with an AI assistant when chatting online.
7.5 Call Recording and Monitoring
All communications sent to or from our team may be forwarded, monitored, recorded, and/or reviewed for quality assurance, fraud detection, troubleshooting, and complaint resolution. This includes but is not limited to telephone calls, email, text messages, chat, and voice mail. If you do not wish to have phone calls recorded, you must choose an alternative communication method, such as email.
Our website and mobile application chats are powered by AI and recorded for quality assurance. If you do not wish to have those chats recorded, you must close the chat function and choose an alternative communication method.
8Consent to Employment and Income Verification
By providing us with your employment information, you are providing written consent permitting us and/or Golden Empire Mortgage, Inc. to contact third parties as necessary to verify your income and employment.
9Permitted Use and License
You are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Website and its content for personal, non-commercial purposes only. This license does not include any resale, distribution, public display, or other commercial uses of any content on the Website without our prior written consent.
You may download or print a copy of information from the Website for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Website, in whole or in part for any other purpose, is expressly prohibited without our prior written consent.
10Prohibited Uses
You agree not to use the Website in any manner that:
- Violates any applicable federal, state, or local laws or regulations
- Engages in fraudulent or deceptive practices
- Provides false or misleading information
- Promotes or enables any unlawful activity, including unauthorized access or hacking
- Involves automated means, including bots, spiders, or scraping, to collect information or interfere with the Website without prior written permission
- Transmits any unsolicited advertising or promotional material, including spam
- Distributes viruses, malware, or any harmful code
- Impersonates any individual or entity or falsely represents an affiliation
- Interferes with the Website's security features or imposes an unreasonable load on our infrastructure
- Attempts to gain unauthorized access to our systems
- Posts unlawful, threatening, libelous, defamatory, obscene, or otherwise objectionable material
11Intellectual Property Rights
The contents of this Website, including its "look and feel" (meaning the content, trademarks, logos, text, graphics, images, button icons, software, editorial content, notices, and other materials) are the property of Golden Empire Mortgage, Inc. or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, copy, reproduce, modify, create derivative works from, or publicly display any part of the Website without express written permission.
Third-party trademarks, service marks, graphics, and logos used in connection with the Services are the intellectual property of their respective owners and are used for identification purposes only.
12User Feedback and Contributions
12.1 Feedback
If you provide any ideas, suggestions, or feedback related to our services or materials ("Feedback"), you agree that we and our affiliates may use that Feedback freely and for any purpose, without any obligation to you, including any intellectual property rights in the Feedback.
12.2 User Contributions
The Website may allow you to post comments, content, or other materials (collectively, "User Contributions"). By posting any User Contributions, you grant us a perpetual, non-exclusive, royalty-free, worldwide license to use, modify, reproduce, display, distribute, and otherwise exploit your User Contributions in connection with the Website.
You represent and warrant that:
- You own or have the right to submit your User Contributions
- Your User Contributions do not infringe any third-party rights
- Your User Contributions comply with these Terms
We reserve the right to review, monitor, and remove any User Contributions that violate these Terms or for any other reason at our discretion.
13Third-Party Links and Services
The Website may contain links to third-party websites or integrate third-party services. We do not control, endorse, or assume any responsibility for the content, services, or privacy practices of any third-party websites or services. Links are provided for convenience only and do not imply endorsement, authorization, or sponsorship.
Any interactions or transactions with third-party services are at your own risk. We disclaim liability for any damages arising from third-party interactions. We reserve the right to terminate any link at any time.
14Mobile Applications
By accessing or using any mobile application associated with our Services, you acknowledge and agree to the following:
- Device Compatibility: You are responsible for ensuring your mobile device is compatible. We do not guarantee the application will operate as intended on your device.
- Data Usage: Use of any application may require mobile data, and you may incur charges from your wireless provider.
- Updates: We may release updates to improve functionality or address technical issues. You consent to receive and install these updates as necessary.
- Third-Party Software: Applications may include third-party software subject to open-source licenses.
15Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
WE ASSUME NO RESPONSIBILITY FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT AS A RESULT OF YOUR USE OF THIS WEBSITE.
WE CANNOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION CONTAINED ON THE WEBSITE.
16Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, GOLDEN EMPIRE MORTGAGE, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of the Website
- Any content obtained from the Website
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Website
- Any failure of performance, error, omission, interruption, defect, delay in operation or transmission
- Disclosure of information when replying to you by email or other electronic means
- Any other matter relating to the Website
IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE WEBSITE OR $100.
17Indemnification
You agree to indemnify, defend, and hold harmless Golden Empire Mortgage, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, losses, costs, or expenses (including attorneys' fees and costs) arising from or in connection with:
- Your use of the Website in violation of these Terms
- Your violation of any applicable law
- Your User Contributions
- Any claim by a third party arising out of your use of the Website
You agree to cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
18Dispute Resolution and Arbitration
18.1 TCPA Arbitration
You understand and agree to resolve through final and binding arbitration any claims, disputes, or controversies related to the Telephone Consumer Protection Act of 1991 ("TCPA") or any similar state laws, between you and Golden Empire Mortgage, Inc., its parents, affiliates, subsidiaries, or related entities.
Any judgment on an arbitration award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act ("FAA"), with the laws of the State of California governing the enforceability of this provision as a contract.
18.2 Class Action Waiver
TCPA claims must be brought individually; neither you nor Golden Empire Mortgage, Inc. may join or consolidate claims in arbitration, act as a class representative, or participate as a member of a class.
18.3 Jury Trial Waiver
Both parties waive any right to a jury trial for TCPA-related claims.
18.4 Forum for Other Disputes
All other claims arising under these Terms or from use of the Website shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the jurisdiction of these courts.
19Governing Law
These Terms and any disputes arising from your use of the Website shall be governed by the laws of the State of California, without regard to its conflict of law principles.
20Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
21Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Golden Empire Mortgage, Inc. concerning your use of the Website, superseding any prior agreements or understandings.
22Contact Information
If you have questions or concerns about these Terms, please contact us:
- Company
- Golden Empire Mortgage, Inc. (NMLS #2427)
- D/B/A
- Huklberry Loans
- Loan Officer NMLS
- #273084
- Mailing Address
- 1275 Lincoln Ave, Suite 7, San Jose, CA 95125
- Phone
- (408) 838-9060
