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 TOTO MORTGAGE 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 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.
This “Arbitration Agreement” applies to any disputes, claims, or controversies arising out of or relating to the relationship between you and TOTO Mortgage Inc., including its parents, subsidiaries, or affiliates (“Company”), whether based in contract, tort, statute (including the Telephone Consumer Protection Act), fraud, misrepresentation, or any other legal theory. This includes but is not limited to claims involving your account, Company communications, or the use of TOTO Mortgage products or services.
All such disputes shall be submitted to confidential, final, and binding arbitration by the American Arbitration Association (“AAA”), to be resolved by a single arbitrator in accordance with its rules and consumer minimum standards. Arbitration will be conducted individually and not as a class or representative action. This agreement waives your right to a trial by jury and your right to participate in class actions. The Federal Arbitration Act governs this agreement.
YOU AND TOTO MORTGAGE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. UNLESS AGREED OTHERWISE, THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
You may still bring issues to the attention of federal, state, or local agencies.
Arbitration will follow the AAA Streamlined Rules and Consumer Minimum Standards. The arbitrator will determine disputes, including any issues relating to the enforceability of this agreement.
Hearings will be conducted remotely unless an in-person hearing is deemed necessary. In such cases, it will be held in your local area. You may still use small claims court if the claim qualifies.
To begin arbitration, a copy of the demand must be sent via U.S. Mail to:
TOTO Mortgage
E. Cumberland Rd
Orange, CA 92865
This agreement is governed by the laws of the State of California and the United States without regard to conflict of law principles.
If any term of this Arbitration Agreement is found to be unenforceable, the remainder will remain in effect unless the unenforceable term is the class action waiver—if so, this Arbitration Agreement shall be null and void.
TOTO Mortgage SMS Text Messaging provides notifications about mortgage-related services, promotions, and account information to the mobile number you provide. Message frequency may vary per user.
We do NOT share your opt-in data or consent with third parties for marketing or promotional purposes.
TOTO Mortgage does not charge for SMS messages. However, message and data rates may apply based on your carrier plan.
To stop receiving messages, you may:
– Call us at (714) 477-7879
– Email us at info@toto-mortgage.com
We will honor your request within a reasonable timeframe.
For assistance, you may:
– Call (714) 477-7879
– Email info@toto-mortgage.com
– STOP: Immediately opts you out
– HELP: Sends help information
Other keywords may not be recognized or accepted.
TOTO Mortgage is an Equal Housing Lender and complies fully with the Equal Credit Opportunity Act and all other Federal regulations.
You can view our privacy policy (click here). By opting in to SMS messaging, you agree to the terms of our privacy policy.
By signing up for TOTO Mortgage Text Messaging and providing your number, you provide express written consent to receive messages and calls (including those using auto-dialers or prerecorded voices) about your loan or mortgage inquiries. Consent is NOT required to make a purchase. Message and data rates may apply. Communications may be recorded and monitored.
You certify that you are the account holder of the number provided and agree to notify TOTO Mortgage if your number changes. You agree to indemnify TOTO Mortgage for any issues arising from failing to provide this update.
Carrier support includes: Verizon Wireless, AT&T, Sprint, T-Mobile®, Boost, Virgin Mobile, Metro PCS, and U.S. Cellular. Carriers are not liable for delayed or undelivered messages.
By using this service, you agree that any disputes will be governed by California law and heard in courts located in Orange County, CA.
Send complaints to:
– Phone: (714) 477-7879
– Email: info@toto-mortgage.com
Mail: 1122 E. Lincoln Ave. Suite 117, Orange, CA 92865
