Lending services provided by Carlyle Financial, a division of BM Real Estate Services, Inc., a California Corporation licensed by the CA Bureau of Real Estate and operates with the following licenses: BRE#: 01273595 NMLS #:103098. “Carlyle Financial” is a registered service mark of Carlyle Financial Inc. used under license. This is not an offer for extension of credit or a commitment to lend. All home loans must satisfy company underwriting guidelines. Information and pricing are subject to change at any time and without notice. Thank you for choosing Carlyle Financial. Please read the following user agreement carefully as it describe the terms and conditions upon which Carlyle Financial offers access and use of its website and smartphone application. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site.
This website and affiliated smartphone application are owned and operated by Carlyle Financial, 400 South Beverly Drive, Suite 360, Beverly Hills, CA 90212, which is referred to herein as “Carlyle Financial” or “Carlyle” or “we” or “us” or “company” or “our.” Carlyle is happy to provide the website and affiliated smartphone application to you (“you”, “user”, “customer”, or “potential customer”). The website and affiliated smartphone application platforms may be referred to as “website”, “smartphone application” or “site”; all three terms apply collectively to both platforms. Any use of the website and affliated smartphone application is governed by the policies, terms and conditions set forth below. Please read all sections carefully.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or otherwise using www.CarlyleFinancial.com website or its smartphone application platform, you are agreeing to be bound by this site’s terms and conditions of use, as well as all applicable laws and regulations and are agreeing that you are responsible for compliance with any applicable local laws. By accessing our site, you further agree that Carlyle Financial may obtain information about the customer’s name, e-mail address, and website information. If you do not agree to any of these terms, you are prohibited from using or accessing this website, and/or the smartphone application, or should consider consulting with an attorney. These terms of service comprise the entire agreement between you and Carlyle Financial. No other agreement whether verbal or written shall be in effect in regards to the usage of this site, except where agreed to and authorized in writing by Carlyle Financial The materials contained in this website are protected by applicable copyright and trademark law. Your use of the site constitutes an affirmative agreement by user to abide and be bound by this Agreement and any modification of this Agreement.
MODIFICATIONS TO THIS AGREEMENT
Carlyle Financial may modify this Agreement at any time, with or without notice. Carlyle reserves the right to modify, amend or discontinue the terms and conditions with or without notice to you at any time by posting the amended terms on the Carlyle site. If Carlyle posts amended terms on the Carlyle website, you may not use the site without accepting them except as stated below. It is the responsibility of the user to read any and all modifications made to the Terms of Service Agreement. All amended terms shall automatically be effective after they are posted on the Carlyle website. Carlyle Financial shall not be liable to user or any third party should Carlyle exercise its right to modify, amend or discontinue this Agreement. This Agreement may not be otherwise amended except in writing signed by Carlyle. This Agreement was last modified on November 10, 2016.
TERM AND TERMINATION
This Agreement is effective immediately upon access of the Carlyle website and upon the posting dates of any subsequent amendments or modifications to this Agreement for all current users. You may terminate your participation with the Carlyle website at any time for any reason by providing Carlyle with written notice or e-mail notice of termination. Termination is effective only upon Carlyle receipt of such notice. Carlyle Financial reserves the right at any time, but is not obligated, to investigate and terminate your participation in the service if you have misused the Carlyle website or the services or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. Carlyle Financial maintains sole discretion to deny you access, and bar your use of the services in the future, for any or no reason. Even after your participation in the service is terminated, this Agreement will remain in effect.
RESTRICTIONS ON USE
This site is owned by Carlyle Financial and is protected by U.S. and international copyright laws. The copyrighted materials on the site include, but are not limited to, the text, software, images, graphics, source code, and the entire content on the site. You are authorized to view the information available on the site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the site for any commercial or public purpose. You may not use, copy, display, distribute or reproduce any of the trademarks or trademarked material found on the site except as authorized in this paragraph. This site may contain links to websites controlled or offered by third parties. Carlyle hereby disclaims liability for any of these third-party websites or their content, privacy policies, or security. Any advice, products, or services provided by or any representations or statements made on these linked sites, are those of the providers only. Carlyle does not endorse products/services offered on linked sites. Carlyle Financial reserves the right at all times and without notice to deny your access and use of this website and/or the smartphone application, at its sole discretion.
Your information includes any information we collect including, but not limited to, your name, your e-mail address, your website, your address and your telephone number (“your information”). We may use your information to create a user account that will allow you to participate in services provided by Carlyle Financial. You are solely responsible for your information. Carlyle will not use your information for any third-party marketing.
AGREEING TO PROVIDE ACCURATE INFORMATION
By using this site or making an inquiry, request, application, transaction, or request for information with Carlyle Financial you agree that you will, and are responsible for, providing true, correct, accurate and complete information to Carlyle Financial. In addition, once you submit an application or request you agree to cooperate in the application process fully. This includes submitting all required documentation in a timely manner and if needed obtaining additional information from third parties as needed to process your application or request. You also agree to notify Carlyle Financial of any changes in any information or circumstances that you have submitted that may impact and/or in connection with your application or request.
You agree to indemnity, defend, and hold harmless Carlyle Financial and its officers, directors, employees, agents, parents, subsidiaries, affiliates, co-branders, partners and any third parties for any losses, costs, liabilities, damages and expenses (including reasonable attorneys’ fees and costs) that such parties may incur, relating to or arising out of your use of the website or smartphone application, including: your breach of this Agreement or the documents it incorporates by reference; or your violation of any law or the rights of a third party. This indemnification shall be applicable without regard to the negligence of any party, including any indemnified person.
You acknowledge and agree that Carlyle Financial is only willing to provide access to the Carlyle website and/or smartphone application and the services within them, if you agree to certain limitations of our liability to you and to third parties. Carlyle Financial (including its officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners, nor any of their respective employees, agents, third-party content providers or licensors) do not warrant that the website, smartphone application or services provided therein will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the website, smartphone application or their services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information service or merchandise provided through the services and the site. Carlyle Financial (including its officers, directors, employees, agents, parents, subsidiaries, affiliates, co-branders, partners) will not be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, loss of good will, lost opportunities or for the cost of procurement of substitute services) arising out of or in connection with Carlyle Financial, our services or this user agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Carlyle Financial site or the services, including, without limitation, to damages arising out of Carlyle Financial services. Such damages include, without limitation, physical damages, personal injury damages, death and or emotional distress (whether negligent or intentional) and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners to you or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If 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. With the exception of where the law requires a different standard, Carlyle Financial is not responsible for any loss, property damage, or bodily injury, whether caused by use of the site or of the services/products offered by this site. To the maximum extent permissible under applicable law, Carlyle Financial will not be responsible to you or any third party claiming through you for any other damages of any type arising in any way out of the installation or use of the website or smartphone application or any online services or internet browser software, including liability associated with any computer viruses that may infect your computer system, smartphone, tablet, or other such electronic device used to access these services.
Carlyle Financial (including our officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners) provide the services on an “as is” basis and without any warranty or condition, express, implied or statutory. Carlyle Financial does not guarantee and does not promise any specific results from use of the services. Carlyle Financial specifically disclaims any implied warranties of title, merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of Carlyle Financial website, smartphone application and services are solely at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. We do not warrant that your use of the website, smartphone application or services within will be accurate, complete, reliable, current, secure, uninterrupted, always available, error-free, meet your requirements, or that any defects in the site and services will be corrected, or that the website or smartphone application are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.
In the event that you have a dispute, you agree to release Carlyle Financial (and our officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners and any third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. If you are a California resident, you expressly waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
NO PROFESSIONAL ADVICE
You acknowledge that you fully comprehend and understand that CarlyleFinancial.com is not in any way offering or otherwise engaging in providing legal, accounting, tax, financial, or similar highly-skilled professional services or advice.
No agency is created by this Agreement, partnership, joint venture, employee-employer relationship, independent contractor or franchisor-franchisee relationship is intended or created by this Agreement.
This Agreement and any claim related to Carlyle Financial’s website or smartphone application shall be governed by the laws of the state of California and exclusively within the jurisdiction of the County of Los Angeles, without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Carlyle Financial, at its sole discretion. Sections referring to services, liability limitations, indemnity, and binding arbitration shall survive any termination or expiration of this Agreement.
Without limiting other remedies, Carlyle Financial may terminate your access to the site platforms and the services if you breach this user Agreement or the documents it incorporates by reference; or if Carlyle Financial suspects that you have engaged in any fraudulent activity in connection with the site or our services. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and Agreement between you and Carlyle Financial with respect to the subject matter hereof.
Any dispute or claim arising out of or in collection with, this Agreement shall be finally settled by binding arbitration in California, or any other established adr provider mutually agreed upon by the parties. If the parties cannot agree, the dispute or claim shall be in accordance with the then-current rules and procedures of the American Arbitration Association, one (1) arbitrator shall by appointed by the American Arbitration Association. The arbitrator shall apply the law of the state of California, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that in no event shall any claim, action or proceeding by you, related in any way to the Carlyle Financial site and/or the services, be instituted more than three (3) years after the cause of action arose.
Carlyle Financial controls and operates this website from within the United States of America. This website provides information regarding services or products that are only available within the state of California. You acknowledge and agree that you are responsible for your access and use of this website for being in compliance with all applicable local, state, and federal laws.
EQUAL OPPORTUNITY EMPLOYER
Carlyle Financial is an equal opportunity employer. Any concerns or questions regarding employment issues may be addressed to the human resources department at careers[at]CarlyleFinancial.com.