Ardley provides a digital application used by borrowers and mortgage loan originators and is owned and operated by Ardley Technologies Inc. (“Ardley”).
Ardley and its related services (the “Service”) are comprised of features for completing, uploading, downloading, and managing documents and information related to obtaining a mortgage loan. The Service is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein (the “Terms of Use”). Ardley provides the Service in accordance with these Terms of Use. These Terms of Use govern our website (https://ardley.com) (“Website”) and apply to all users, including Financial Services Partners, borrowers, and loan originators. Please read these Terms of Use carefully and keep a copy of them for your reference.
By using the Service, you agree to be bound by these Terms of Use.
Your use of the Service is subject to Ardley’s Privacy Policy. Please review our Privacy Policy.
If you are under 18, you may use the Service only with permission of a parent or guardian. If you are under the age of 13, you cannot use the Service. Ardley does not knowingly collect, either online or offline, personal information from persons under the age of 13. Always use caution when giving out any personally identifying information about yourself or your children.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing. These communications are considered part of the Service. You cannot opt out of receiving these communications. Notices to you may be made via either email or regular mail.
In order to use the Service, you must have or seek a mortgage with an Ardley customer. In some instances, you may be required to create a User profile (an “Account”) to access the Service. To establish an Account, you must provide Ardley with a valid email address, a password, and other information. You may update your email address or password at any time. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your Account. You may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that Ardley is not responsible for third party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify Ardley of any unauthorized use of your Account or any other breach of security and ensure that you exit from your Account at the end of each session. Ardley may log you out of your Account if you are inactive for an extended period of time. If your password is stolen or our Account is otherwise compromised, you must immediately notify Ardley and change your password. Ardley cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account or password.
You represent and warrant that all of the information provided by you to Ardley is correct and current; and you have all necessary right, power, and authority to enter into these Terms of Use and to perform the acts required of you by these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Ardley has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Ardley has the right to suspend or terminate your Account and refuse you access to the Service.
“Personal Information” means information that identifies you, such as your name, address, location, social security number, phone number, fax number, account numbers, usernames, passwords or email address. Personal Information includes financial documents and information that you may upload or otherwise transmit to the Service. This information is used to complete certain transactions.
From time to time Ardley may request additional Personal Information to provide you with other benefits of the Service. In all such instances, you will be given the opportunity to provide or to decline to provide that information and it will be used only for the stated purpose.
Ardley may establish general practices and limits concerning use of the Service and data storage limits for your use of the Service. Ardley may modify such practices and limits from time to time without notice.
The Service is not intended as a backup or storage system. You agree to maintain backup copies of all of your Personal Information, documents, and communications submitted to the Service. Ardley shall have no responsibility or liability for the deletion of, the failure to store, or the failure to transmit, any Personal Information, documents, or communications maintained by the Service.
Ardley strives to provide a useful and reliable Service, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ARDLEY AND ITS AFFILIATES, CLIENTS, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.The Service provides electronic mortgage application and communication features including the uploading and downloading of documents. You agree to use the Service only to upload, download, send and receive documents and information that are proper and related to the Service.
You agree that you will not:
Ardley reserves the right to monitor your use of the Service and refuse to post, or to remove any information or documents, in whole or in part. In addition, Ardley may terminate your Account at any time without further warning if it determines that you have violated these Terms of Use or their intent.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion of the Service without the express permission of Ardley.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of Ardley or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of the Service; or create derivative works of the Service. No resale of the Service is permitted without the express written consent of Ardley.
You will be able to connect your Ardley Account to third party services. By connecting your Ardley Account to a third party service, you acknowledge and agree that you are consenting to the continuous release of information about you to that third party (in accordance with your privacy settings with those third party services and the terms of service of those third parties). If you do not want information about you to be shared in this manner, do not use these features. You may disconnect your Account from third party services at any time.
Ardley encourages you to review the terms of service and privacy policies of any third-party service you connect to your Ardley Account so that you can understand how those services collect, use, share, and protect your information. Ardley is not responsible for the terms of service, privacy policies or other content on or of third-party services.
The Service may contain links to other services (“Linked Services”). The Linked Services are not under the control of Ardley and Ardley is not responsible for the contents of any Linked Service, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. Ardley provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by Ardley of the Linked Service or any association with its operators.
Your data is yours. You can remove it anytime you want. When you request that we terminate your Account, your Personal Information including your documents will be permanently removed from our primary production servers and further access to your Account will not be possible. Ardley will disconnect your Account from all third-party services. However, there might be some latency in deleting your information and documents from our backup servers and backup storage. Ardley keeps these backups to ensure our continued ability to provide the Service in the event of malfunction or damage to our primary production servers. In addition, we may retain certain information or documents if necessary, to comply with our legal obligations, resolve disputes, or enforce our agreements.
Ardley reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice. In the event your access is terminated by Ardley, your Account will be disabled, and you will not be granted access to your Account or any document or information hosted by the Service. Ardley may delete your documents or information.
In the event of termination, Ardley may also withdraw and at its discretion reallocate the public web address of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARDLEY, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ARDLEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARDLEY OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.
You agree to indemnify, defend and hold harmless Ardley, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Service.
You further agree to indemnify, defend and hold harmless Ardley, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of any documents or information you upload or download or otherwise transmit through the Service; your violation of any of these Terms of Use; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. Ardley reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Ardley in asserting any available defenses.
Ardley’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Ardley’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or documents or information provided to or gathered by Ardley with respect to such use. Ardley reserves the right to disclose any documents or information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Ardley only services mortgages in the United States and complies with United States laws. However, please be aware that Ardley does not audit every application submitted and therefore, Ardley does not refuse any addresses submitted from the EU.
To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Delaware. Any dispute arising under or in connection with the Service or these Terms of Use shall be subject to the exclusive jurisdiction of the state courts located in Wilmington, Delaware. You hereby consent to the exclusive jurisdiction and venue of these courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ardley as a result of these Terms of Use or use of the Service.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Use. Ardley may at its sole discretion modify or discontinue features of the Service from time to time without prior notice. You agree that Ardley shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Service.
You agree not to access the Service by any means other than through the interfaces that are provided by Ardley for use in accessing the Service.
You acknowledge that any use of the Service contrary to these Terms of Use, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to Ardley, its affiliates, suppliers, and any other party authorized by Ardley to promote the Service (“Promoters”), and under such circumstances Ardley, its affiliates, suppliers, and Promoters will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Any and all rights and remedies of Ardley upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on Ardley, and the exercise of any one remedy will not preclude the exercise of any other.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Ardley with respect to the Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ardley with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing this agreement.
Ardley reserves the right, in its sole discretion, to change the Terms of Use under which the Service is offered. If Ardley changes these Terms of Use, you will be required to agree to them prior to resuming use of the Service. If you choose not to agree to the changes, you may terminate your use of the Service.
Effective as of 2022 March