SMS Terms and Conditions - Mortgage Tree Capital

SMS Terms and Conditions

This page outlines the terms and conditions which apply when a consumer provides their cellular phone number and consents to receive SMS messages, also known as and hereafter referred to as “text messages” from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, d/b/a and its agents and/or representatives from its family of companies. For the purpose of these SMS Terms and Conditions, the system used to transmit and manage text messages shall be referred to herein as the text messaging system”.

Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate may use text messages to inform consumers about promotional opportunities and/or extension of credit or loan-related information. These messages are intended solely for the recipient, are confidential between Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate and the recipient and are not a promise to extend credit or a requirement for any application for extension of credit.
Message frequency varies, and data rates may apply.

Consent to Contact:

You are also signing express consent to having Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, or representatives from our family of companies, contact you about your inquiry via text message, email address, or phone (even if it is a cellular phone number or other paid service for which the called or messages person(s) could be charged for such call or text) to the residential or cellular telephone number or email you have provided. This contact may include automatic telephone dialing system or an artificial or prerecorded voice or message. Message frequency varies and data rates may apply. You expressly consent to Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage to contact you via any means made to any telephone number you provide, even if your telephone number is currently listed on any do not contact email list, internal, corporate, state or national Do Not Call Registry list. Consent is not required as a condition of utilizing Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage’s services. You may opt out of receiving calls or other electronic communications at any time by making a Do Not Call Request. By opting in to receiving text messages from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, you represent that you are the account holder for the number which you register or use to interact with Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate. You further represent that you are legally able to consent to receive or send text messages with Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate under any local, state or federal laws that may apply. You consent to restrict your use of Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate’s text messaging system to communicate solely with Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, and will not transmit, disseminate or distribute text messages from this system.

No Obligation to Purchase or Guarantee of Credit

Consent to receive text messaging from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate does not obligate you to purchase any product or service from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, nor is it a condition or requirement of any credit approval or loan transaction.

Text messages and/or phone calls from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate are not an offer or guarantee to extend credit or a commitment to lend.

Privacy:

By opting into receiving SMS text messages, you expressly agree to the terms of Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate’s privacy policy. You can view the privacy policy by clicking HERE.

Disclaimer:

You understand and agree that Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate is not responsible for any issues that may arise due to defects in its text messaging system, your use of the text messaging system, use of your phone or cellular account by yourself or any third party who gains access, or which arise from your cellular account provider. Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate does not guarantee that text messages (sent or received) are secure, accurate or complete as text messaging systems may be intercepted, corrupted or delayed by external factors. Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranty of merchantability and fitness for a particular purpose with respect to the text messaging system, and any exchanges that may occur.

It is not our policy to request nonpublic personal information from you by text message. PLEASE DO NOT SEND US YOUR NONPUBLIC PERSONAL INFORMATION VIA TEXT MESSAGE. If you need to convey nonpublic personal information to us, please contact our Customer Service Department at 888-740-3037 for further assistance.

Indemnification:

By opting in to receive text messages and/or interacting with the text messaging system, you agree to indemnify Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, its employees, agents and affiliates against any and all claims from 3rd parties that arise as a result of your use of the text messaging system. You consent to indemnify Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate against damages, expenses, penalties and legal fees that may arise including but not limited to fraud, theft or claims arising out of the Telephone Consumer Protection Act (“TCPA”).

Consumer Obligations in Case of Phone Number Change:

If you change your phone number or surrender ownership of the number you provided Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, you agree to immediately notify Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate of that change by emailing I n f o @mortgagetreecapital.com so that we may deactivate your number. You also agree to indemnify Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, its employees, agents and affiliates against any and all claims that arise as a result of your failure to notify Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate of that change, including damages, expenses, penalties and legal fees that may arise. This includes, but is not limited to claims arising out of the Telephone Consumer Protection Act (“TCPA”).

Report Abuse:

If you did not sign up for text messages, your cellular phone or cellular account has been compromised, you discover that an unauthorized 3rd party is using your account to contact Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, or if you believe your number has been registered with Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate as a result of any abusive or criminal activity, please inform our Customer Service Department immediately by calling 888-740-3037 or emailing I n f o @mortgagetreecapital.com.

Removal/Opting Out from Text Messaging:

If you no longer wish to receives text messages or communications from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, you may opt out at any time by sending the command STOP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, or by contacting the our Customer Service Dept at 1-888-740-3037or by emailing I n f o @mortgagetreecapital.com. All requests to opt out will be honored within a commercially reasonable amount of time.

Complaints:

Complaints regarding Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate’s text messaging system, or any exchanges between you and a representative or agent of Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate or its family of companies via the text messaging system should be submitted to the Customer Service Dept at 1-888-740-3037 or by email at I n f o @mortgagetreecapital.com.

Available Text Commands:

While individual text messages from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate may contain specific command instructions, the following commands may be used at any time to interact with the SMS text messaging system:

STOP: By texting STOP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, your number will be removed from text messaging notifications and campaigns.

START: By texting START to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, you can re-enroll in messages.

HELP: By texting HELP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, you will be able to access information and help.

Language:

Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate’s products and services are offered only in English. Any translations of text messages into other language are intended solely as a courtesy, and not an indication that an application for credit or loan transaction may occur in that language. If there is any discrepancy between the content of a text message communication from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate in a language other than English, the English version will control.

Disputes:

By providing Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate with your number for the purpose of utilizing text messaging, you expressly consent that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern the use of Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate’s text messaging system, and any dispute that might arise between you and Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate, including but not limited to claims under the Telephone Consumer Protection Act shall be resolved under the laws of Delaware. You further agree that any action at law or in equity arising out of or relating to Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate’s text messaging system shall be filed only in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You also agree that any such claims shall be subject to arbitration.

Severability:

If any term or provision of this of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms and Conditions shall continue to be valid and enforceable.

Commonly Asked Questions

Why is Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate sending me text messages?

When you provide Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate with your number and consent to receive SMS or text messages, we may use text messages to inform you about promotional opportunities and/or mortgage-related information.

How do I stop receiving text messages?

You may unsubscribe from the text messages offered by Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate at any time by texting the word STOP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, by calling 1-888-740-3037 or by emailing our Customer Service Department at I n f o @mortgagetreecapital.com.

What if I have questions about the text messages?

You may text the word HELP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage to receive assistance with the text messaging system.

If you have questions about the information you received, or would like to speak to a customer service representative, please call 1-888-740-3037 or email our Customer Service Department at I n f o @mortgagetreecapital.com for more information.

I am a victim of identity theft and did not sign up for texts. What can I do?

If you did not enroll your cell phone number and believe you are receiving messages from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate as a result of identity theft, unauthorized or criminal activity, please contact our Customer Service Department by calling 888-740-3037 or email our Customer Service Department at I n f o @mortgagetreecapital.com for more assistance.

Is there a charge for the text messaging service?

Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate will not charge you to send or receive messages with us. However, your individual cellular phone carrier’s messaging or data rates may apply.

How often will I receive messages from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate?

The frequency of messages will vary depending on our products and marketing campaigns. If you find the messages to be too frequent, you may opt out of messages by texting STOP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage or by calling 888-740-3037 or emailing us at I n f o @mortgagetreecapital.com .

I sent an opt out request but have changed my mind. How do I re-enroll?

If you wish to start receiving text messages once more, you can text START to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage and you will be re-enrolled in messages.

How long will it take you to remove me after I opt out?

We will honor all opt out requests and remove your number within a commercially reasonable amount of time. Opt-out requests sent to our Customer Service Department via email or phone on holidays or weekends may take additional time to process. Please note that after you send your request, for a short time you may continue to receive messages that were scheduled for delivery prior to your request being processed. If you send us an opt-out request and do not feel it has been honored, please escalate the matter to our Customer Service Department by calling 888-740-3037 or emailing us at I n f o @mortgagetreecapital.com .

What commands can I use with the text messaging system?

HELP: By texting HELP to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, you will be able to access information and help.

START: By texting START to the number that you received from Obey Investments DBA Mortgage Tree Capital, DBA Overbey Real Estate Mortgage, you can re-enroll in messages.

Will signing up for texts make it more likely that I will qualify for a mortgage?

No. Opting in to receiving text messaging will not make it more likely that any loan application will be approved, and is not a requirement for credit approval.