Terms of Service

1. Acceptance of Terms

By accessing and using the EagleMark Finance website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms apply to all visitors, users, and others who access or use our services. We reserve the right to update these Terms at any time without prior notice. Your continued use of our services after any changes indicates your acceptance of the new Terms.

2. Description of Services

EagleMark Finance provides comprehensive financial services including but not limited to:

• Personal and business banking services
• Investment management and advisory services
• Loan and mortgage services
• Insurance services
• Financial planning and wealth management
• Retirement planning services

Our services are provided subject to these Terms and any additional terms that may apply to specific services.

3. Eligibility and Account Registration

Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete information
• Comply with all applicable laws and regulations

Account Registration

When creating an account with us, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

4. Use of Services

Permitted Use

You may use our services for lawful purposes only. You agree to use our services in accordance with:

• All applicable laws and regulations
• These Terms of Service
• Any additional terms for specific services
• Professional standards and ethical guidelines

Prohibited Use

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Transmit any harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Impersonate any person or entity
• Collect or harvest information about other users
• Use our services to spam or send unsolicited communications

5. Financial Services Terms

Investment Advisory Services

Our investment advisory services are subject to:

• Separate investment advisory agreements
• Applicable securities laws and regulations
• Fiduciary duties and standards
• Risk disclosures and suitability requirements

Banking Services

Banking services are provided in partnership with FDIC-insured institutions and are subject to:

• Banking regulations and compliance requirements
• Account agreements and disclosures
• Fee schedules and terms
• Privacy and security policies

Loan Services

Loan services are subject to:

• Credit approval and underwriting standards
• Truth in Lending Act disclosures
• State and federal lending regulations
• Loan agreements and promissory notes

6. Fees and Payment

Our fees for services are disclosed in advance and may include:

• Advisory fees based on assets under management
• Transaction fees for specific services
• Account maintenance fees
• Third-party fees and expenses

You agree to pay all applicable fees as disclosed. Fees are subject to change with appropriate notice. Payment terms and methods will be specified in your service agreements.

7. Privacy and Confidentiality

We are committed to protecting your privacy and maintaining the confidentiality of your information. Our privacy practices are governed by:

• Our Privacy Policy
• Applicable privacy laws and regulations
• Professional confidentiality standards
• Industry best practices for data protection

Please review our Privacy Policy for detailed information about how we collect, use, and protect your information.

8. Disclaimers and Limitations

Investment Risks

All investments involve risk, including the potential loss of principal. Past performance does not guarantee future results. We do not guarantee any specific investment outcomes or returns.

Service Availability

While we strive to provide uninterrupted service, we do not guarantee that our services will be available at all times. We may suspend or restrict access for maintenance, security, or other operational reasons.

Third-Party Services

We may use third-party service providers to deliver certain services. We are not responsible for the actions or omissions of these third parties, except as required by law.

9. Limitation of Liability

To the maximum extent permitted by law, EagleMark Finance shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Loss of business opportunities

Our total liability for any claims arising from or related to our services shall not exceed the fees paid by you for the specific service giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless EagleMark Finance and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any information or content you provide to us

11. Termination

Either party may terminate the service relationship at any time with appropriate notice. We reserve the right to suspend or terminate your access to our services immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• We are required to do so by law or regulation
• We determine that continuing the relationship is not in our mutual best interests

Upon termination, you remain responsible for any outstanding fees and obligations.

12. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Arbitration

Any disputes arising from or related to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

13. Intellectual Property

All content on our website and in our services, including text, graphics, logos, images, and software, is the property of EagleMark Finance or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission.

14. Regulatory Compliance

EagleMark Finance is subject to various federal and state regulations, including:

• Securities and Exchange Commission (SEC) regulations
• Financial Industry Regulatory Authority (FINRA) rules
• State insurance and banking regulations
• Anti-money laundering (AML) requirements
• Customer identification and verification requirements

You agree to cooperate with our compliance efforts and provide any information required for regulatory compliance.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: