SMS Policy

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 you, on the one hand, and Boxcar Mortgage, LLC dba Highland Mortgage 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 your account, Highland Mortgage products and services and communications from or on behalf of Highland Mortgage ("Disputes")—shall be submitted to the 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.

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. THIS ARBITRATION AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES, AND SUCH AGENCIES CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST COMPANY ON YOUR BEHALF.

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.

If there is any inconsistency between any term of the AAA Consumer Minimum Standards and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding the foregoing, you understand that you may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.

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.

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 Boxcar Mortgage LLC, 664 Seminole Ave NE, Suite #101, Atlanta, GA 30307.

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

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") 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.

If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Highland Mortgage Texting provides an easy way to get alerts from Highland Mortgage 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.

Highland Mortgage will not charge you to send or receive text messages from us; however, message and data rates may apply depending on the wireless plan that you have with your carrier.

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 404-850-0959 or by email at support@highlandmortgage.com. Highland Mortgage will honor your request within a reasonable time.

You may text the word HELP to the five-digit U.S. short code, by calling 404-850-0959 or by email at support@highlandmortgage.com for more information.

Highland Mortgage is an Equal Housing Lender. We fully comply with the Equal Credit Opportunity Act (ECOA) and all other Federal regulations. All applicants applying for credit from Highland Mortgage will never be discouraged on the basis of race, color, religion, national origin, sex, military status, marital status, age, or because you get public assistance. Highland Mortgage is a licensed mortgage lender.

You can view our privacy policy by clicking here. By opting in to SMS texting, you agree to the terms of the privacy policy.

By signing up for Highland Mortgage Texting and providing your phone number, you agree to this policy, our Privacy Policy, and our Terms of Use. You also agree that you are providing express written consent for Boxcar Mortgage, LLC dba Highland Mortgage, its affiliates and agents, and its service providers to contact you about your loan application, loan transaction, loan servicing, available rates, and other products, promotions, and services offered by Boxcar Mortgage, LLC by text message or phone call (including those made using an automatic telephone dialing system or an artificial or prerecorded voice) to the telephone number you have provided. This applies even if that telephone number is on a corporate, state, or national Do Not Call Registry. You understand that consent to receive such messages or calls is not required or a condition of any purchase from Highland Mortgage. Message and data rates may apply. By communicating with us by phone and agreeing to this policy, and our Privacy Policy, and our Terms of Use, you consent to calls being recorded and monitored.

You represent that you are the account holder for the mobile telephone number(s) you provide to opt into the SMS Texting program. You understand that you are responsible for notifying Highland Mortgage immediately if you change your mobile telephone number. You agree to indemnify Highland Mortgage and parties texting or calling on its behalf in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us of your number change. This includes but is not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. The carriers provide Highland Mortgage files for phone numbers that have been deactivated from their network or ported from one carrier to another. We proactively opt out deactivated numbers from our SMS subscription list. Carriers are not liable for any delays or undelivered messages. The following operators are supported: Verizon Wireless, AT&T, Sprint, T-Mobile®, Boost, Virgin Mobile USA, Metro PCS, and U.S. Cellular.

You acknowledge and agree that Highland Mortgage is not responsible for the results of any defects that may exist in this website or its operations within text messaging. As to the operation of these services, to the maximum extent allowed by law, Highland Mortgage expressly 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.

By using this service, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern use of Highland Mortgage Texting and any dispute of any sort that might arise between you and Highland Mortgage, LLC. You further agree that any action at law or in equity arising out of or relating to SMS Texting shall be filed only in the state or federal courts located in Mecklenburg County, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.