This website is owned and operated by New York Lending Club, LLC.
We reserve the right at all times in our sole discretion and without notice to you, to limit or deny your access to and use this website.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 9 and 17).
If you do not agree to the terms and conditions contained herein, you are not authorized to use the Website and you are to stop using the Website immediately. As defined in this of this Agreement, “You” or “Your” or “User” means the person(s) using the Website and/or the goods and services of New York Lending Club, LLC (hereinafter “The Company”, ”we”, “us”, “our” and/or and its affiliates and providers.
THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.
2. CONSUMER INFORMATION SECURITY POLICY
You authorize New York Lending Club, LLC and it’s affiliates to use your personal, confidential information to place your mortgage loan request. We do not share or sell your personal information with outside vendors.
3. MORTGAGE LOANS
Each loan applicant is given the personal attention of our professional loan team. We process loan applications for our own account, however we cannot guarantee that we will underwrite your loan. During the process to fulfill your loan request, we shall have the right contact third parties necessary in underwriting your loan request with various providers and affiliates. Providers and Affiliates are third parties deemed to be necessary, including, but not limited to credit agencies, appraisers, investors that have expressed an interest in participating in a mortgage tranche, in whole or in part, as well as wholesale underwriters and providers of lines of credit and insurance to the Company. You understand and agree that we will share your application with the providers and affiliates, including but not limited to your credit report, application, asset verification and employment.
Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment.
All loans require that we obtain a credit report from the three credit reporting agencies. New York Lending Club, LLC will order a credit review for all applicants despite the fact that they may have not provided a social security number. The Company and its affiliates may obtain, verify and record information that identifies each person who makes a loan requests or appears on an application with us. The Company and its affiliates may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to underwrite your loan, transfer your loan, or provide services to the Company.
By completing a loan inquiry you give the Company permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, automatic dialed or pre-recorded calls, emails, direct mailing or other communication to communicate with you regarding any information for your loan request. For any service, you represent that all of the information you have provided is correct, true and complete to the best of your knowledge and that if such information changes, you will notify us in writing immediately.
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting us.
When you complete a loan request or make a service request, you agree that you have established a business relationship with New York Lending Club, LLC and its affiliates and that we may send your information to our affiliates.
You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, state or corporate. You also agree that calls may be placed live, by pre-recorded notice message. Communications may also be by email, direct mail, and/or text message.
4. GEOGRAPHIC LOAN AREA
We provide mortgages to U.S. citizens secured by real estate located in the United States of America. You understand that services and information herein pertain to products and services in the United States only. You acknowledge and agree that you are responsible for abiding with all laws and regulations applicable to your access to and use of this Website and its content.
5. REQUEST FOR THIRD PARTY LENDERS.
We are a private lender and may not underwrite your loan due to your credit profile or other lending criteria. Should we not underwrite your loan and you request us to locate a Lender for you, we may refer you to a third party who will underwrite your loan. In such an event, the third party is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs arising out of or in any way connected with your use of our Website or service. Additionally, you authorize us to act as your sole exclusive agent in brokering your loan and you agree to pay a brokerage fee of 1.5 percent of the loan amount payable in full at the Closing of the loan and authorize the Lender to collect the brokerage fee directly at the Closing on our behalf.
We are not responsible for links to other websites. For your general information, this website may furnish links to other related websites. We do not sponsor or endorse the content and services of third party websites. You acknowledge and agree that we are not responsible for other websites and services for any claims, damages or actions that arise from your access or use of other websites and services.
You are also represent that you are agreeing to receive important communications and disclosures and other communications in electronic form. You hereby agree and consent to being contacted even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from you.
8. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Website are protected copyrights, trademarks and service marks of New York Lending Club, LLC. All rights reserved. Scarsdale Lending Club is a registered trademark of New York Lending Club, LLC.
You are not granted a license to use any trademark and agree that you do not acquire any ownership rights by downloading or accessing the website. You acknowledge and agree that you will not copy, publish, create derivative works from post, distribute transfer reverse engineer, frame in any web page, or alter the appearance of the Website or its contents.
You are prohibited to use the Website content, domain names, or e-mail addresses, data, trademarks, logos, etc for any purpose: In a meta-tag, hidden format or hidden text; marketing directory, as advertising related to the website, in comparative or directory websites; or as variable in any algorithm that causes another browser or appear on, over or simultaneously as the Company’s website or controls the content or information of any other internet browser.
9. DISCLAIMERS AND LIABILITY
New York Lending Club, Inc. intends that the information contained in the Website be accurate, true and reliable; however, errors may sometimes occur. We urge you to have a professional accountant and attorney assist you on all your business affairs. The information is provided as a service to the general public and is not designed as professional advice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will New York Lending Club, Inc. be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility (along with your professional advisors) to evaluate the accuracy and appropriateness of the information. THE WEBSITE, PAGE CONTENT AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. THE COMPANY AND/OR ITS AFFILIATES, SUPPLIERS, PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. THE COMPANY AND/OR ITS AFFILIATES, SUPPLIERS, PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR ANY SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, OR ANY CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEW YORK LENDING CLUB,INC. AND/OR ITS AFFILIATES, SUPPLIERS, PROVIDERS OR OTHER COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NEW YORK LENDING, CLUB, INC. MAKES NO REPRESENTATIONS REGARDING THE WEB PAGE CONTENT OR THE USE OF THE WEB PAGE CONTENT. THE CONTENT COULD CONTAIN SOME INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INNACCURATE BECAUSE OF EVENTS THAT TAKE PLACE AFTER THEIR RESPECTIVE DATES OF PREPARATION. THE COMPANY HAS NO OBLIGATION TO MAINTAIN THE ACCURACY OR TIMELINESS OF ANY WEB CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
We operate a private lending platform. As part of this Agreement, you represent and agree that you may be notified by electronic means, including, but not limited to e-mails, texts, etc. Additionally, you represent and consent that such electronic communications shall have the same force and effect as a printed communication.
By using this Website, you agree to indemnify and hold harmless, the Company and our affiliates, against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement
13. LIMITATION ON DAMAGES
In no event will New York Lending Club, LLC or our affiliates have any liability to you in excess of actual compensatory damages. By using our Website and services, you irrevocably waive any claim to consequential, punitive or exemplary damages.
14. LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to third party websites. Such links are provided for general purposes and are not a recommendation of the Website or the services offered. These links are provided for general information only. When you leave our Website, we are not responsible for the service, information or content of third party websites.
15. ERRORS AND DELAYS
The Internet and telecommunication services are not always a perfect fluid form of communication and are subject to interruptions and problems with electronic capabilities. We are not responsible for any errors or delays in responding to a loan request or related matter because of a technical issue, outdated electronic computers or a situation beyond our reasonable control. If a situation occurs, you may always use traditional communication systems, such as the telephone to contact us.
16 LEGAL/ ACCOUNTING COUNSELING
You should obtain professional legal and accounting consultation for all your business affairs before you enter into a binding agreement. We are not a law firm or accounting firm and do not provide legal or financial advise.
17. DISPUTE RESOLUTION
Any judgment upon the award by the arbitrators can be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or any other manner. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NEW YORK LENDING CLUB, INC. AND ITS AFFILIATES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using our service and Website, you consent to these limitations. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and New York Lending Club, Inc. the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts residing in Westchester County, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
*Please print and retain a copy of this agreement for your records (July 7, 2015)