The Mondrian | Terms and Conditions

TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITE

Last Updated: April 24, 2018

Please review this Terms and Use Agreement (“Agreement”). By accessing, browsing or using this website, or any of the websites owned and operated by Mondrian LLC (Mondrian), it’s agents, through any direct or indirect means (individually or collectively, or “Website”), or by using the goods, facilities or services offered in or through the Website; through alternative methods (including, for example, telephone, mail, email or facsimile), you accept and agree to be bound by these Terms of Use (the term “Website” include use through these alternative methods).

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. This provisions form an essential basis of our bargain.

If you do not agree to these terms and conditions, you are not authorized to access or use the website and you are to cease accessing or otherwise using the website.

For purpose of this Agreement, “You” or “Your” means the person(s) using the website, and/or the goods, facilities or services of Mondrian companies offered through alternative methods, including persons that allow others to provide information about themselves to Mondrian and it’s agents, “us” or “we” means, but is not limited to the following entities:

Mondrian Realty LLC and United Management Corp.

THIS DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.

Mondrian operates the Website and shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the Terms and Conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the website. Any use by you of the website or goods, facilities or services offered in or through the website shall be deemed to constitue acceptance of such changes.

ONLINE APPLICATIONS

Mondrian offers an online application and forms which can be used to develop many different types of applications and forms where applicants enter and submit, electronically, personal and financial information that may be used to evaluate the applicant’s request for consideration.

The personal and financial data and other information you may provide Mondrian is not, and is not treated as, an application to be pre-approved, pre-qualified or any similar concept. Mondrian does not guarantee acceptance of any particular application. Mondrian and it’s agents may obtain, verify and record information that identifies each person who submits an application through us to them.

We may ask your name, Social Security Number, address, date of birth and other important information including information received from credit file that will allow our clients to properly identify you. During the application process, we may also ask to see your driver’s license or other identifying documentation.

Regardless whether your application is approved you will be responsible for paying any and all non-refundable fees as documented on your application.

When clicking on any button indicating an acceptance of agreement to terms, a continuance of processing or submission (“submission”) you understand that you are agreeing to the stated terms and conditions of that submission and that you are preparing and submitting an application through Mondrian. By submitting the application containing your electronic signature, you are extending an express invitation to us, to contact you by phone at the numbers you have provided so we may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by e-mail at the email address you provided or at another address that may be associated with you, and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law regulation.

By saving your information with Mondrian or by doing a submission, you give Mondrian and it’s agents permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete application requirements, deadlines, quality of services or other matters in connection with your application. For any service, you represent that all of information you have provided in your submission is true and complete.

By submitting an application, you authorize Mondrian to provide information provided by you or third parties, necessary to complete a review of your application. You also authorize Mondrian to complete a review of your application, to request from one or multiple credit bureaus/reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to check your credit and employment history.

Mondrian expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the website at any time, without prior notice.

By creating an account or otherwise registering with any of the Mondrian site, you hereby understand and agree that you have established a business relationship between you and Mondrian, which is the owner of this site. As such, you agree that Mondrian may contact you using information you provided with information and offers of services available through Mondrian and the website. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

DISCLAIMERS AND LIABILITY

Mondrian intends that the information contained in the website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Mondrian at any time. Under no circumstances will Mondrian be liable for any loss or damage caused by your reliance on information obtained through the website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. MONDRIAN AND/OR IT’S SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, USE OF THE WEBSITE AND/OR MONDRIAN’S SERVICES IS AT YOUR OWN RISK. MONDRIAN SUPPLIERS, PROVIDERS OR IT’S AGENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THW WEBSITE AND/OR MONDRIAN SERVICES OR WITH THE DELAY OR INABILITY TO USE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS ANS SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MONDRIAN RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONDRIAN AND/OR ITS SUPPLIERS, PROVIDERS OR IT’S AGENTS ADVISED OF THE POSSIBILITY OF DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ELECTRONIC COMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY

Mondrian may choose to electronically deliver all information related to its services and your applications. Mondrian’s electronic communications to you may transmit or convey information about action taken on your application, portions of your application that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosure, other terms, conditions and documents, and the privacy policies of Mondrian.

You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Mondrian. This means that Mondrian and it’s agents may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Providers requirements and are able to access and retain copies of notices and information sent or made available electronically. The Consent for Electronic Disclosures, hereby incorporated by reference into this Agreement, is the disclosure that provides greater detail.

PRIVACY POLICY

The Mondrian, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the website or received directly from you.

INDEMNITY

As a condition of use of website and/or Mondrian’s services, you agree to indemnify Mondrian and its suppliers, Lenders, Providers or agents from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

ERRORS AND DELAYS

Mondrian is not responsible for any errors or delays in responding to an application caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the website and any operating rules for the website established by Mondrian, constitutes the entire agreement between you and Mondrian, all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Mondrian with respect to the website and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of State of New York, excluding its conflict of laws principles. If any part of this Agreement 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 provisions that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement 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. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.