Terms & Conditions

2.1 Agreement to Terms

By accessing or using our website, submitting any form, providing your contact information, opting into any communication program, or engaging with our services in any way, you represent and warrant that:

• You are at least eighteen (18) years of age

• You have the legal capacity to enter into a binding agreement

• You have read, understood, and agree to be bound by these Terms in their entirety

• You agree to comply with all applicable local, state, federal, and international laws and regulations

• The information you provide to us is accurate, current, and complete

2.2 Modifications to Terms

Bayarealty.com reserves the right to update, modify, or revise these Terms and Conditions at any time and at our sole discretion. When material changes are made, we will update the "Last Updated" date at the top of this document. For significant changes, we may also notify you via email or a prominent website notice. Your continued use of our website or services following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

2.3 Additional Policies

These Terms should be read in conjunction with our Privacy Policy, which is incorporated herein by reference and forms part of this agreement. In the event of any conflict between these Terms and our Privacy Policy regarding data privacy matters, the Privacy Policy shall govern.

3.1 Program Overview and 10DLC Registration

Bayarealty.com operates fully registered and compliant Application-to-Person (A2P) SMS and MMS messaging programs under the 10-Digit Long Code (10DLC) framework. Our messaging programs are:

• Registered with The Campaign Registry (TCR) under our verified and approved business brand

• Compliant with all CTIA Messaging Principles and Best Practices (current edition)

• Compliant with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all regulations promulgated thereunder by the Federal Communications Commission (FCC)

• Operated exclusively through registered 10DLC phone numbers assigned to our specific approved campaign use cases

• Subject to continuous monitoring for message quality, deliverability, opt-out compliance, and carrier policy adherence

Bayarealty.com maintains 100% compliance with all 10DLC registration, operational, and reporting requirements established by The Campaign Registry, CTIA, and participating wireless carriers. We do not operate any unregistered or non-compliant SMS messaging programs.

3.2 Consent to Receive SMS Messages — How You Opt In

Users opt in to receive SMS messages exclusively through our website at https://www.bayarealty.com.

When submitting a form, users must:

• Provide their mobile phone number

• Select SMS as a preferred communication method (if applicable)

• Check an unchecked SMS consent checkbox before submission

The checkbox is never pre-selected and requires affirmative user action. The consent language clearly states that users agree to receive SMS notifications related to their inquiry, application updates, appointment reminders, and service-related communications. Links to our Privacy Policy and Terms & Conditions are displayed at the point of consent. We do not collect SMS consent through purchased lists, third-party sources, or affiliate marketing.

3.3 Consent is Not a Condition of Purchase

Your consent to receive SMS and MMS messages from Bayarealty.com is entirely optional and is never a condition of purchasing, receiving, or being eligible for any of our products or services. Refusing to opt in to our SMS program will not affect your eligibility for or access to our services in any way.

3.4 Types of SMS Messages You May Receive

After opting in to our SMS program, you will receive transactional and service-related messages from Bayarealty.com. These messages are strictly informational and are sent in response to your interaction with our platform.

These messages may include:

• Confirmation messages acknowledging your form submission or inquiry

• Appointment reminders and scheduling notifications

• Application or request status updates

• Account-related notifications

• Customer support responses

We do not send promotional or marketing messages through our SMS program.

3.5 Message Frequency Disclosure

Message frequency varies depending on the nature of your inquiry, the type of program you have enrolled in, and the stage of your service engagement with us. For recurring marketing SMS programs, you may receive up to [XX] messages per month. For transactional programs such as appointment reminders or application status updates, messages are sent only as triggered by relevant events. We will always honor your opt-out request immediately and will never send messages after a valid opt-out has been processed.

3.6 Message and Data Rates

Standard message and data rates may apply to all SMS and MMS messages sent to and received from Bayarealty.com. These charges are determined solely by your wireless service provider and the terms of your individual mobile service plan. Bayarealty.com does not impose any charge, fee, or subscription cost for participation in our SMS program. We recommend contacting your wireless carrier if you are unsure about the messaging rates applicable to your plan.

3.7 How to Opt Out of SMS Communications

You have the absolute right to opt out of our SMS program at any time using any of the following methods:

• Text STOP: Reply STOP to any SMS message you receive from us. Your opt-out will be processed immediately and you will receive a single confirmation message acknowledging your request. No further SMS messages will be sent to your number.

• Text QUIT, CANCEL, UNSUBSCRIBE, or END: These standard opt-out keywords are also recognized and will process your opt-out in the same manner as STOP.

• Direct Contact: Contact us via email at bayarealty.genesisloans@gmail.com or by phone at 408-550-7969 to request removal from our SMS list.

• Website Form: Submit an opt-out request through our website contact form at https://www.bayarealty.com/contact-us

Opt-out requests submitted via keyword reply are processed in real time. All other opt-out requests are processed within one (1) business day. Bayarealty.com retains a permanent record of all opt-outs to ensure compliance and prevent inadvertent re-enrollment.

3.8 How to Get Help

If you have any questions, concerns, or need assistance related to our SMS program, you may:

• Text HELP: Reply HELP to any SMS message you receive from us. You will receive an automated response with our contact information and support options.

• Email us: bayarealty.genesisloans@gmail.com

• Call us: 408-550-7969

• Visit our website: https://www.bayarealty.com

3.9 Opt-In Data — Non-Transferability and No Third-Party Sharing

This is one of the most critical provisions in our SMS Terms. Your SMS opt-in consent, mobile phone number, and all associated enrollment data are the exclusive property of your relationship with Bayarealty.com and are subject to the following strict restrictions:

• Your opt-in data will not be sold to any third party under any circumstances.

• Your opt-in data will not be shared with, rented to, or exchanged with any affiliate partner, marketing partner, lead aggregator, or other third-party entity for their independent marketing use.

• Your opt-in consent is non-transferable and applies exclusively to receiving communications from Bayarealty.com for the specific program(s) you enrolled in.

• No third-party company, affiliate, or partner will be permitted to send you SMS messages based on the consent you provided to Bayarealty.com.

• We will not enroll you in any other company's messaging program without your separate, explicit, and specific consent to that program.

Any person or entity found to have misrepresented their consent collection practices in connection with our platform will be immediately removed and reported to the appropriate regulatory authorities.

3.10 Prohibited User Conduct in Connection with SMS

You agree that you will not:

• Provide a mobile phone number that you do not own or are not authorized to use

• Provide false or misleading information at the point of opt-in

• Attempt to use our SMS program to harass, threaten, or abuse any other person

• Use our SMS communication channels for any unlawful purpose

• Interfere with or disrupt the technical operation of our SMS messaging systems

3.11 Wireless Carrier Disclaimer

Bayarealty.com is not responsible for any delays, errors, or failures in SMS or MMS message delivery caused by your wireless carrier, network congestion, technical issues with carrier infrastructure, or any other factor outside our direct control. Our SMS program is compatible with all major US wireless carriers including AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, US Cellular, MetroPCS, Cricket Wireless, and others. Carrier participation may vary and is subject to change without notice.

4.1 Consent to Receive Email Communications

By providing your email address through our website forms or other contact channels, and by giving your affirmative consent where required, you agree to receive email communications from Bayarealty.com as described in these Terms. The types of email communications you may receive include:

Transactional Emails: Sent in direct response to an action you have taken, such as submitting a form, requesting a consultation, completing an application, or engaging in a service transaction. Transactional emails are necessary for service delivery and do not require separate marketing consent, though you will always have the ability to contact us to limit these communications where legally permissible.

Marketing and Promotional Emails: Sent to opted-in subscribers and may include promotional offers, service announcements, industry news and updates, newsletters, event invitations, educational content, market reports, and other commercial communications. These emails are sent only to individuals who have provided affirmative marketing consent.

Automated Drip Email Sequences: As part of our lead nurturing and client engagement programs, opted-in subscribers may be enrolled in automated sequences that deliver a pre-scheduled series of email communications over a defined period of time. These sequences are designed to provide relevant information and guide you through our service offerings. You may opt out of these sequences at any time.

Re-Engagement Emails: Sent to subscribers who have not recently engaged with our communications, for the purpose of confirming their continued interest in receiving our emails.

4.2 CAN-SPAM Act Compliance

All commercial and marketing emails sent by Bayarealty.com comply fully with the requirements of the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, including the following:

• Every email clearly identifies Bayarealty.com as the sender using our actual business name

• Every email includes our valid, current physical mailing address

• Every email includes a clear, functional, and prominently displayed unsubscribe mechanism

• Subject lines accurately and honestly reflect the content of the email message

• No false, misleading, or deceptive header information is used

• All unsubscribe requests are honored within ten (10) business days of receipt

• We do not harvest email addresses or use deceptive means to collect them

4.3 How to Opt Out of Email Marketing

You may unsubscribe from our marketing email communications at any time by:

• Clicking the clearly labeled "Unsubscribe" or "Manage Preferences" link in the footer of any marketing email we send

• Sending an email opt-out request to bayarealty.genesisloans@gmail.com

• Calling us at 408-550-7969 and requesting removal from our email marketing list

• Submitting a written request to our mailing address

6.1 License to Use

Bayarealty.com grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal, non-commercial purposes, subject to these Terms. This license does not include the right to:

• Copy, reproduce, distribute, or republish any portion of our website content

• Modify, translate, or create derivative works based on our website content

• Use any data mining, robots, scrapers, or similar automated data gathering tools

• Frame or mirror any portion of our website without our express written permission

• Reverse engineer any aspect of our website or its underlying technology

6.2 Prohibited Conduct

You agree that you will not use our website or services to:

• Violate any applicable local, state, federal, or international law or regulation

• Impersonate any person or entity, or falsely represent your affiliation with any person or entity

• Submit false, fraudulent, or misleading information through any of our forms

• Interfere with or disrupt the operation of our website or server infrastructure

• Introduce any viruses, malware, or other harmful code to our website

• Attempt to gain unauthorized access to any portion of our website, our servers, or any systems connected to our website

• Harvest, collect, or aggregate personal information about other users of our website

• Engage in any conduct that could damage our reputation or the reputation of any third party

• Use our website for any commercial purpose without our prior written consent

6.3 User-Submitted Content

If you submit any content to us through our website, including messages, reviews, comments, or other communications, you grant Bayarealty.com a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, distribute, and display that content in connection with our business and marketing activities. You represent and warrant that any content you submit does not violate the rights of any third party, including intellectual property rights and privacy rights.

7.1 Ownership

All content on our website, including but not limited to text, graphics, logos, images, photographs, videos, audio, software, code, and the overall design and compilation of the website ("Proprietary Content"), is owned by or licensed to Bayarealty.com and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

The name Bayarealty.com, our logo, and any other marks, product names, or slogans used on our website are trademarks or registered trademarks of Bayarealty.com. You may not use these marks without our prior written permission. All other trademarks and service marks appearing on our website are the property of their respective owners.

7.3 Restrictions

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of our Proprietary Content for any commercial purpose without our express written permission. Unauthorized use of our intellectual property may result in legal action.

8.1 Nature of Information Provided

The information provided on our website, including articles, blog posts, service descriptions, market data, rate information, and all other content, is provided for general informational purposes only. It does not constitute professional advice of any kind, including but not limited to legal advice, financial advice, investment advice, real estate advice, or mortgage advice.

8.2 No Guarantee of Results

Bayarealty.com makes no guarantee, representation, or warranty, express or implied, that the use of our services will produce any specific result, outcome, approval, financing, or other benefit. Results vary based on individual circumstances, market conditions, regulatory requirements, lender criteria, and numerous other factors outside our control.

8.3 Accuracy of Information

While we make every effort to ensure the information on our website is accurate, current, and complete, we cannot guarantee that all information is free from errors or omissions. We reserve the right to correct any errors and to update information at any time without prior notice. Market rates, availability, and program terms are subject to change without notice.

8.4 Professional Consultation

Before making any significant financial, legal, or real estate decision, we strongly recommend consulting with a licensed and qualified professional, including a licensed attorney, certified financial planner, licensed mortgage professional, or licensed real estate agent, as appropriate to your situation.

9.1 Website Disclaimer

OUR WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Bayarealty.com does not warrant that: (a) our website will function uninterrupted, error-free, or free of viruses or other harmful components; (b) the results obtained from using our website will be accurate or reliable; (c) any errors or defects in our website will be corrected.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Bayarealty.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use our website or services

• Any unauthorized access to or alteration of your data or transmissions

• Any content obtained from our website

• Any transactions or communications conducted through or in connection with our website

• Delays or failures in receiving or sending SMS or email communications

9.3 SMS Delivery Disclaimer

Bayarealty.com makes no guarantee that SMS or MMS messages will be delivered successfully, delivered within any specific timeframe, or delivered free of error. Delivery is subject to factors outside our control, including wireless carrier network availability, technical infrastructure issues, and the accuracy of the mobile phone number you provided.

11.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, or our services, the parties agree to first attempt to resolve the matter informally by contacting Bayarealty.com directly at bayarealty.genesisloans@gmail.com / 408-662-5145, and providing a written description of the dispute. We will make good faith efforts to resolve the matter within thirty (30) days of receiving your written notice.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any unresolved dispute shall be finally resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as selected by Bayarealty.com. The arbitration shall be conducted in Milpitas, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND Bayarealty.com AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

11.4 Exceptions

Notwithstanding the arbitration agreement above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.