Ardley provides a digital application used by borrowers and mortgage loan originators and is owned and operated by Ardley Technologies Inc. (“Ardley”).
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.
“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.
You agree that you will not:
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.
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.
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.
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.
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.
Effective as of 2022 March