PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

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Agreement to Arbitrate

This agreement to arbitrate is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes, claims, or controversies arising out of or relating to this Arbitration Agreement or the relationship between me, on the one hand, and Luxe Mortgage Partners LLC or its parents, subsidiaries, or affiliates (collectively “COMPANY”), on the other hand, whether based in contract, tort, statute (including the Telephone Consumer Protection Act and similar federal and state laws and regulations), fraud, misrepresentation, or any other legal theory—including, but not limited to, claims relating to my account, Luxe Mortgage Partners LLC products and services and communications from or on behalf of Luxe Mortgage Partners LLC (“Disputes”)—shall be submitted to American Arbitration Association (“AAA”), or its successor, for confidential, final, and binding arbitration to be resolved by a single arbitrator in accordance with the terms of this Arbitration Agreement. You further agree that the arbitration will take place on an individual basis, and that by entering this Arbitration Agreement, you and the Company agree to waive any right to a trial by jury and to participate in any class action. For avoidance of doubt, you agree to give up the ability to bring a lawsuit in court (except small claims discussed below); and you are giving up the ability to bring or participate in a class action in any form or forum, even if your Dispute is determined not to be subject to arbitration. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

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Arbitration Procedures

Arbitration shall be in accordance with AAA Streamlined Rules for Arbitration (“Rules”) and will comply with the AAA Consumer Minimum Standards (which are incorporated by reference), including as to costs for the arbitration. The AAA arbitrator shall resolve the Dispute and is empowered with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this Agreement, including the arbitrability of any dispute and any contention that all or any part of this Agreement is unconscionable, void, or voidable.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in your hometown.

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You understand that upon initiating the arbitration in accordance with AAA rules, You must send a copy of the Demand for Arbitration via U.S. Mail to Luxe Mortgage Partners LLC, 7550 I-10 Suite 800-132 , San Antonio, TX 78229

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Governing Law

The formation, existence, construction, performance, and validity of this agreement shall be governed by the laws of the State of Florida and the United States, without reference to choice or conflict of law principles.

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Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.

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SMS Opt-in Consent

SMS opt-in consent data will not be shared with third parties for promotional purposes.

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What Are Luxe Mortgage Partners Text Messages?

Luxe Mortgage Partners Texting provides an easy way to get alerts from Luxe Mortgage Partners about promotional and mortgage and payment information from almost any mobile device or cell phone at a number you provide. Messaging frequency varies for each customer.

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No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

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What if I want to stop receiving messages?

If you wish to stop receiving text messages from us, you may unsubscribe by texting the word STOP to the five-digit US short code, by calling (210-245-8221). Luxe Mortgage Partners LLC will honor your request within a reasonable time.

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Privacy Policy

You can view our privacy policy by clicking here.

By opting in to SMS texting, you agree to the terms of the privacy policy.

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Complaints

Any email or mobile messaging complaints should be directed to the Customer Service Dept at (210-245-8221).

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Legal Overview

Click here to view our Legal Overview.