Terms of Use - Agora Lending

Agora Lending: Online Terms of Use

These Terms of Use apply to this website, agoralending.com, including without limitation, our borrower and mortgage broker portal sites and any of its subdomains, Agora Lending-branded social media sites or pages, or mobile applications (the “Sites”) that is operated by Agora Lending LLC and its affiliates (together, “Agora Lending”, “we,” “us” and “our”). Agora Lending, a division of ResiCentral offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access and use of our Sites and services available via the Sites, which can be used to aggregate personal and financial data into a single experience and apply for a loan.

AGREEMENT TO TERMS

By accessing or using the Sites, you accept and agree to be bound by these Terms of Use. If you do not accept and agree to these Terms of Use, please do no tuse the Sites. You may use the Sites only if you are 18 years or older and capable of forming a binding contract with Agora Lending and are not barred from using the Sites under applicable law.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE SITES

MATERIALS YOU SUBMIT

Some features on the Sites may require registration to create an account and submission of personal and financial information to apply for a loan. By registering or applying for a loan on the Sites, you agree to provide current, true, complete, and accurate information about yourself. We are not responsible for the accuracy or legality of the information you submit, including any third-party information you import. If any information you submit is untrue, inaccurate, not current or incomplete, Agora Lending has the right to terminate your account or any loan application. Except as prohibited by law, Agora Lending reserves the right to decline your loan application for any reason. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Agora Lending cannot verify your identity, we can refuse to allow you to create a user account within the Sites.

Some features on the Sites may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Agora Lending immediately. Agora Lending may assume that any communications Agora Lending receives under your password have been made by you unless Agora Lending receives notice otherwise.

NOTIFICATIONS

As part of the services we provide, you may receive notifications, alerts or other types of messages from Agora Lending. By registering for an account and providing us with your e-mail address, you agree to receive all required notices electronically. You are responsible for updating your email address on the Site, as necessary. If you have listed a phone number or provided an updated number, then you provide your express consent to allow Agora Lending to call (including sending SMS text messages) using an automatic telephone dialing system to your phone number to provide account information and services regarding your loan inquiry or application. In addition, if you provide your cellular phone number and agree to receive marketing calls and text messages, including through automatic dialing systems, Agora Lending may contact you for telemarketing purposes, regardless of whether your phone number is on any Do Not Call list. You are not required to consent to receive telemarketing text messages or calls as a condition of using the Sites and services and may opt out at any time. You can opt out of receiving telemarketing text messages by responding to any such text message you receive with “STOP,” “END,” “CANCEL,” “QUIT,” or “UNSUBSCRIBE.” If you no longer want to receive telemarketing calls (including SMS text messages), you can unsubscribe by sending an email to optout@agoralending.com with the subject line “STOP Telemarketing Calls” or by calling us toll-free at (800) 332-4594.

LINKS

The Sites may contain links to other websites, some of which are operated by Agora Lending and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

Agora Lending is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

USE OF THE SITES

You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, service mark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Sites, including but not limited to the modification, reproduction, display, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to Agora Lending, used for commercial or public purposes is expressly prohibited. You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time.

You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. Agora reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Agora Lending may be entitled at law or in equity.

You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Agora Lending’s express written consent. Further, you may not utilize any Sites content in any meta tags or any other “hidden text” techniques or technologies without Agora Lending’s express written consent.

CHANGES TO TERMS OF USE

Agora Lending reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through the Sites and changing the features and functionality to the Sites by posting revised terms on the Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your use of the Sites after any changes to the Terms of Use or other policies means you accept the changes. We will notify you of any change to these Terms of Use as required by applicable law.

TRADEMARKS AND COPYRIGHTS

Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Agora Lending or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting by implication, estoppel, or otherwise any license or right to use any copyright, patent, trademark, logo, service mark or proprietary rights displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. All rights reserved. Agora Lending reserves all rights not expressly granted in and to the Sites and its content. The Sites and all of its content, including but not limited to text, design, images, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. AGORA LENDING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGORA LENDING OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITES OR THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AGORA LENDING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, AGORA LENDING’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AGORA LENDING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AGORA LENDING SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH AGORA LENDING IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND AGORA LENDING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NEW JERSEY, LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Agora Lending and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, claims, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Agora Lending reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Sites. Agora Lending reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Agora Lending in the defense of such matter. This provision does not apply to intentional or reckless acts or gross negligence on the part of Agora Lending.

JURISDICTION AND APPLICABLE LAW

User access to and use of the Sites is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. California law and Federal law will govern the interpretation and enforcement of these Terms of Use. You irrevocably consent to the jurisdiction of the courts located in the State of California for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites are not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

ENTIRE AGREEMENT AND ADMISSIBILITY

This Terms of Use and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and Agora Lending with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

WAIVER AND SERVERBILITY

No waiver by Agora Lending of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Agora Lending to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Term of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or the Sites, please contact us by e-mail at info@agoralending.com or write to us at:

Agora Lending
2181 Greenwich St, Ste 213
San Francisco, CA 94123

Thank you for visiting our site.

Last Updated: 07/11/2019