Please note, you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You may be required to create an account to use certain parts of the Website. When you create an account, you will be required to pick a username and a password. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately.
3. INVESTOR MEMBERS: SECURITIES MATTERS
5. INFORMATION SHARING AND SOCIAL FEATURES
You may have the opportunity to share information or content on the Website, including but not limited to, your name, email address, or other information that you provide via the Website, with other users of the Website or third party vendors. By posting User Content to any part of the Service or Website, you automatically grant, and represent and warrant, that you have the right to grant to MoFin, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content and to grant and authorize sublicenses of the foregoing. If you at any time elect to remove your User Content, the license granted above will not expire. By posting and/or sharing such information or content on the Website, you expressly agree to all of the following:
ii. You understand that deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
iii. We have the absolute right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
iv. You are solely responsible for the content and information you make available through, or in connection with, our products and services.
v. You will not post content or take any action on the Website that may constitute libel or slander, infringes or violates someone else's rights, or infringes any right protected by any copyright or trademark, or otherwise violates the law.
vi. Content and information that you share may be available to other users of our Website. You understand that such third parties may access, use, store, and transfer such content and information to associate it with you.
vii. You agree you will not use the Website for your own commercial gain or commercial purposes.
viii. We may remove any content or information that you share on the Website for any reason.
ix. You agree that you will not use any device, software, or routine, to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on our Website.
x. All the information and content posted on the Website or privately transmitted through the Website or via other means in connection with our services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.
Some users may be authorized to review personal information (including credit data) and property data posted by other users on the Service. If you have such authorization to review personal information of other users, you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other users and potential loans.
6. RESTRICTIONS ON USE/ USER REPRESENTATIONS
You agree to abide by all applicable laws and regulations in your use of the Website and our products and Services. In addition, you represent, warrant, and agree that no content of any kind submitted through your account or otherwise posted or shared by you through the Website or Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy publicity or other proprietary rights, or contain libelous, defamatory, or otherwise unlawful material. You further agree not to collect e-mail addresses or other contact information of any user of the Website or Service by any means for any purpose. Additionally, you agree not to use automated scripts to collect information from the Website or Service in any manner and for any purpose. You further agree that you may not use the website or Service in any unlawful manner or in any other manner that could disable, overburden, impair, or damage in any way the Service. In addition, you agree that you will not do any of the following:
i. Register for more than one account, or register for an account on behalf of an individual other than yourself, or on behalf of any group or entity unless you are an authorized agent of that business or entity with authority to register for an account on its behalf;
ii. Upload, post, transmit, share, store or otherwise make available any content that we deem to be objectionable, such as content or conduct that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our users to any harm or liability of any type;
iii. Intimidate or harass other users;
iv. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
v. Post or otherwise make available content, or take any action on the Website, that may constitute libel or slander or that infringes or violates someone else's rights or infringes on any right protected by any copyright or trademark, or otherwise violates the law;
vi. Post or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vii. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any user;
viii. Post or otherwise make publicly available on the Website any personal or financial information of any third party, including, but not limited to, another's addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, credit score, and date of birth;
ix. Access personally identifying information of other users without that user's authorization;
x. Use any function of the Website or Service, or use any information or content on the Website, to send unwanted messages to any other user, either via the Website or otherwise;
xi. Post, or otherwise make available, any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation ("junk mail," "spam," "contests," etc.);
xii. Use an account opened in the name of a business entity for the benefit of a different person, business, or entity.
xiii. Upload, post, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, or any regulations having the force of law;
xiv. Use or attempt to use the Service or Website for any unlawful purpose, or further to promote any criminal activity or enterprise or provide instructional information about illegal activities;
xv. Represent that you are affiliated with MoFin in any way without our prior written consent.
7. CHANGES AND MODIFICATIONS
8. THIRD PARTY CONTENT, SERVICES, AND LINKS TO OTHER INTERNET SITES
9. NO WARRANTY; ERRORS
The Website and Service are provided "as is" and without any representation or warranty, whether express, implied, or statutory, MoFin, our officers, directors, agents, employees and suppliers, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy, adequacy, or completeness of the information provided on the site and expressly disclaim liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Website or any of our Services, and the operation of the Website may be interfered with by numerous factors outside of our control. We cannot guarantee and do not promise any specific results from use of the Website ad/or our varying products and services. Although we provide rules for user conduct and postings, we do not control, nor are we responsible for, what users post on the Website, or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website or our products or services.
You agree that we may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR or origination fee, we will notify you and provide you with the correct rate. You agree to provide any additional consents necessary to correct any errors that occur.
10. PROPRIETARY RIGHTS IN SERVICE CONTENT AND SOFTWARE; LIMITED LICENSE
The technology and software underlying the Service or distributed in connection therewith are the property of MoFin, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MoFin.
11. TRADEMARK RIGHTS
MoFin (including the MoFin logo), mofinloans.com, and all related logos, designs, page headers, button icons, scripts, and service names (collectively the "MoFin trademarks") are trademarks, trade dress, or service marks of MoFin in the U.S. and/or other countries. Other company, product, and service names and logos used and displayed on this Website are trademarks, trade dress, or service marks owned by MoFin or others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the MoFin trademarks displayed on this Website, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website unless in accordance with written authorization by us. MoFin prohibits use of any of the MoFin trademarks as part of a link to or from any site unless we approve establishment of such a link in writing in advance. Any questions concerning any MoFin Trademarks, or whether any mark or logo is a MoFin Trademark, should be referred to MoFin.
12. COPYRIGHT COMPLAINTS
If you believe that any material on the Website infringes upon any copyright that you own or control, you may send a written notification to us via regular mail at MoFin Lending Corp, 34-35 36th Street Woodside, New York 11377 addressed to our Designated Agent as set forth below:
MoFin Lending Corp. Legal
34-35 36th Street
Woodside, New York 11377
Phone (917) 913-7349
Fax (718) 744-9474
In your notification, and to meet the notice restrictions under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work or works you claim to have been infringed;
iii. Identification of the material that you claim is to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as contact details, including an email address, mail address, telephone number;
v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, MoFin has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the memberships, accounts, or user profiles of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the accounts and/or memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. CONSENT TO DOING BUSINESS ELECTRONICALLY
MoFin operates only by conducting business through the Internet, and therefore we need you to consent to our giving, or sending, you communications electronically. This section informs you of your rights when receiving communications from us electronically. You agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, related to (i) any loans you may request or receive, (ii) your registration as a borrower or investor on our Website, (iii) any loans you may receive from us, (iv) your use of this Service, or (v) the servicing of your loan, (each a "Disclosure"). The term "IRS Form 1099" refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically. Before you decide to do business electronically with MoFin, please consider whether you have the required hardware and software capabilities described below.
15. ELECTRONIC COMMUNICATIONS
You agree that all Disclosures and/or communications from us and our respective agents relating to your use of the MoFin platform may be provided or made available to you electronically by e-mail or at our Website. If you consent, you still have the right to receive a free paper copy of any Disclosure and/or communication by contacting us in the manner described below. We may discontinue electronic provision of Disclosures and/or communications at any time in our sole discretion. If you do not consent to receive an IRS Form 1099 electronically, a paper copy of any IRS Form 1099 required to be delivered to you at no cost after the effective time of your failure to consent or revocation of consent will be sent to you. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosure electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
16. SCOPE OF CONSENT
Your consent to receive Disclosures and/or communications and do business electronically, and our agreement to do so, applies to all of your interactions, use, and transactions through the MoFin Website and/or Service. Your consent will remain in effect for so long as you are a user, and if you are no longer a user, will continue until such a time as all Disclosures and/or communications relevant to transactions that occurred while you were a user have been made.
17. HARDWARE AND SOFTWARE REQUIREMENTS
To access and retain the Disclosures and communications electronically, you will need to use a computer with any of the following operating systems: (i) Windows XP or higher, OS X (apple Macintosh) or higher; (ii) an Internet connection with an Internet browser that is compatible with and supported by your operating system (i.e., with Internet Explorer 7.0 or above, Firefox 3.0 or above, Google Chrome 38 or higher, or Safari 6.2 or higher); and (iii) Software that accurately reads and displays "pdf" files, such as Adobe Acrobat, a printer and/or storage device if you wish to print or retain any electronic document and hardware capable of running any of our software. You acknowledge that you can access the electronic Disclosures and/or communications in the designated formats described herein.
18. MOBILE TECHNOLOGY
If you are accessing our Website electronically through a mobile device, such as a tablet, smartphone, or similar device, you must be able to print and save the transmitted Disclosures and/or communications. You can find apps that support printing and saving for most mobile devices through your mobile device's app store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Disclosures and/or communications.
19. REGISTRATION DATA: ACCOUNT SECURITY
You may be presented with the opportunity to register with us in order to access and use certain features of the Service, apply for a loan, or register to be an investor through the Website. In consideration of your use of the Service, the Website, and further when registering or applying for a loan on the Website, you agree to (i) provide current, complete, and accurate information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (iv) be fully responsible for all use of your account and for any actions that take place using your account. You are responsible to maintain the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account.
If any information you provide is untrue, inaccurate, not current, or incomplete, MoFin has the right to terminate or reject your user profile, registration, interest rate or loan application, terminate any agreement we have with you, and to decline to provide any and all future use of the Website. We reserve the right to decline your application for a loan and/or reject any registration.
You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session when accessing the Website or Service. You agree not to hold MoFin liable for any loss or damage arising from your failure to comply with this Section.
20. LIMITATION OF LIABILITY
You agree that all access and use of the Website and its content is at your own risk. Except in jurisdictions where such provisions are restricted and except as provide above in the paragraph title, "Investor Members: Securities Matters," in no event will MoFin or its directors, employees, or agents, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages including for any lost profits or lost data arising form your use of the Website or the Service, or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, or any of the Website content or other materials on or accessed through the website, even if MoFin or its representatives are aware or have been advised of the possibility of such damages, losses, or expenses.
Notwithstanding, anything to the contrary contained herein, except as provided above in the Paragraph titled, "Investor Members: Securities Matters," to the extent permitted by applicable law, MoFin's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MoFin for the service during the term of membership. In no case, except as provided above in the Paragraph titled, "Investor Members: Securities Matters," will MoFin's liability to you exceed USD $1,000.
In addition to the specific securities laws provision described above in the Paragraph titled, "Investor Members: Securities Matters," certain federal and state laws do not allow the exclusion or limitation of certain damage or limitations on implied warranties. If you fall within one of these jurisdictions and/or these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
21. CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MoFin AGREE THAT EACH 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 ACTION. Unless both you and MoFin agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 22 is enforceable, the following mandatory arbitration provisions apply to you:
22.1 Dispute Resolution and Arbitration
Notwithstanding clause (22.1) above, you and MoFin both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
22.3 Rules of Arbitration
Any arbitration hearings will take place at a location to be agreed upon in New York, New York, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by MoFin. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse MoFin for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 21 days of the arbitrator's ruling on the merits.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and MoFin will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Developer Terms, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of New York, United States, without regard to choice or conflicts of law principles.
22.4 Time for Filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
22.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). MoFin's address for Notice is: MoFin, Attn: Legal Department, 34-35 56th Street, Queens, New York 11377, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within THIRTY (30) days after the Notice is received, you or MoFin may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MoFin shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, MoFin shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by MoFin in settlement of the dispute prior to the arbitrator's award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor MoFin shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that MoFin makes any future change to this arbitration provision (other than a change to MoFin's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to MoFin's address for Notice, in which case your account with MoFin shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 21 is found to be unenforceable in arbitration or if the entirety of Sections 21 and 22 are found to be unenforceable, then the entirety of this Section 23 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23 shall govern any action arising out of or related to the Agreements.
23. GOVERNING LAW; VENUE AND JURISDICTION
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